Motor Vehicle Accidents
Had a Smash? Here’s a Great Accident Compensation Lawyer
Insuring the car is something we do because we have to: many people regard it as a necessary evil. Evil, that is, because it costs money, but it does have its good side in helping with the costs if and when something bad happens. However, putting in a motor vehicle accident injury claim can be less rewarding than you might think. How much attention did you pay when you were arranging it? Were you just going through the motions to get on the road ASAP? What exactly does it cover?
Car accident injury compensation is something to be taken seriously. When something happens, it is all too easy to get the brush-off and if you are not the kind of person who studies the small print, you could be in danger of losing out. If you or someone else has suffered serious injury, that is something that has to be dealt with swiftly, because your way of life may be affected, and even your ability to work. That was probably the last thing on your mind when you took out the insurance, but if an accident happens, you will want to resolve matters without further ado. But there will be further ado, of the legal kind, and if you’re not careful you could find yourself at a disadvantage.
You need specialist advice to make sure you get what you paid for, and some of the best motor vehicle accident lawyers in Sydney are right here at Marsdens Law Group. We are a multifaceted group comprising more than 50 lawyers and support staff with expertise across the board and car accident injury compensation falls well within our remit. We help clients with it all the time. We are also a multilingual team, in that the diversity of our people means that even if your command of English is not great, somewhere in the firm there may well be someone who speaks your language.
Tell Us About Your Accident Compensation Claim – For Free
The way we do things here is designed to offer an equal service to all our clients. We know how daunting it is to walk into someone’s office, aware that money is about to fly out of your bank account whether it turns out to be worth it or not. For that reason, we offer the first 15 minutes of your first meeting with us free of charge and with no obligation. You tell us what you need help with, and we will tell you what it will involve and how much it is likely to cost. If you’re happy and we’re happy it is something worth pursuing, then we can proceed. If not, there’s no harm done, and it hasn’t cost you a penny.
How to Contact Us
We have six offices in the Sydney Metropolitan Area, and you can call whichever one is most convenient to arrange that first meeting. Alternatively, you can fill in the online enquiry form, giving us some details plus your contact number etc. and we will get back to you. Either way, you can have a great accident compensation lawyer on your team in good time to help you through an unfortunate chapter in your life.
Am I entitled to make a claim?
If you have suffered an injury as a result of a motor vehicle accident in New South Wales on or after 1 December 2017, you are likely entitled to make a claim pursuant to the Motor Accident Injuries Act 2017 (NSW). If your accident happened before 1 December 2017, scroll down to see your options under the Motor Accident Compensation Act 1999 (NSW).
Am I entitled to make a claim if I was at fault in the accident?
Any person who has suffered an injury will be entitled to claim compensation, regardless of whether they were at fault in the accident (although some exceptions do apply).
What compensation am I entitled to claim?
Your entitlement will depend on the circumstances of the accident, the extent of the injury you have suffered, and your personal circumstances.
Statutory Benefits
Most people who suffer injury as a result of a motor vehicle accident are entitled to statutory benefits from the date of the accident, for a period of six months.
Statutory benefits can include:
- Weekly payments (compensation for loss of income); and
- Medical expenses (including treatment, rehabilitation and commercial care expenses).
Statutory benefits may continue after six months if the injured person:
- Was not at fault; and
- Has suffered more than a “minor injury”.
Damages
You may be entitled to claim damages (or “lump sum compensation”) if the following applies:
- You were not at fault, and
- You have suffered more than a “minor injury”.
Damages can include:
- Economic loss (past or future loss of earnings or reduced ability to earn); and/or
- Non economic loss (compensation for pain and suffering).
Are there time limits?
Yes, some important time limits apply.
- The accident must be reported to Police within 28 days after the accident. You must obtain an accident event number from Police.
- A claim for statutory benefits must be made within 3 months of the date of the accident.
- To receive weekly payments from the date of the accident, a claim for statutory benefits must be made within 28 days from the date of the accident.
- A claim for damages cannot be made until after 20 months (unless whole person impairment is greater than 10%) and must be made within 3 years after the accident.
How does the claims process work?
Statutory Benefits
The first step in the process is to complete and lodge an Application for Personal Injury Benefits form.
To receive weekly income payments you must lodge a Certificate of Fitness form completed by your General Practitioner.
If you require advice or assistance throughout the process, you can contact the CTP Assist advisory line or if you require advice or representation in relation to a dispute, contact one of our experienced solicitors.
Damages
We recommend that you contact one of our experienced solicitors to seek legal advice regarding your entitlement to claim damages and the claims process.
How much will it cost?
If you instruct Marsdens to advise and represent you in relation to a statutory benefits dispute, your legal costs will be paid on your behalf.
If you instruct Marsdens to advise and represent you in relation to a claim for damages, we will act for you on a “no win no fee” basis in relation to our professional fees (for work performed).
Estimates in relation to legal costs and expenses will be provided to you.
How much will I receive?
Your compensation will be determined with respect to your entitlements to Statutory Benefits and/or common law damages.
Your benefits and damages will depend on your personal circumstances and the way in which your injury has affected your life.
What if I am entitled to receive other payments or entitlements?
What if I am entitled to receive workers’ compensation entitlements?
If your accident occurred in the course of your employment, you may be required to make a claim for workers’ compensation entitlements.
You may also be entitled to compensation under the Motor Accidents scheme. We recommend that you seek advice from one of our experienced solicitors to discuss your compensation entitlements.
Will my claim affect my Centrelink benefits?
Injured persons are not entitled to “double dip” by receiving (and keeping) payments for compensation in addition to Centrelink benefits which relate to the same period of time. On receipt of a lump sum payment, Centrelink may seek to recover a portion of your benefits from the lump sum.
Will I be required to go to Court?
You will not be required to go to court in relation to a claim for statutory benefits or any dispute arising in relation to that type of claim. There is a statutory authority Personal Injury Commission (PIC) is responsible for the resolution of disputes relating to those types of claims.
In relation to a claim for damages, the PIC can determine disputes and assess damages, except in rare circumstances which are exempt from the assessment process. In those circumstances, it may be necessary to commence court proceedings, and you may need to give evidence in those proceedings.
Will the insurer actively follow me or invade my privacy?
When you make a claim for statutory benefits or damages, the insurer is entitled to gather information about you to enable an assessment of your claim. This may include information which you may not expect to be relevant, including information from your medical practitioners or employer, or from government agencies such as the Australian Taxation Office or Centrelink.
In rare cases, an insurer may arrange surveillance of a claimant, to gather additional evidence about the injury and the claim.
Who do I lodge my claim with?
A claim for statutory benefits and/or damages will be made with the green slip insurer of the vehicle at fault. That may be your vehicle, a vehicle belonging to a friend or family member, or another vehicle.
The relevant insurer can be identified on the State Insurance Regulatory Authority (SIRA) website, if you know the registration number (licence plate) of the vehicle.
What if the vehicle at fault was not registered or can’t be identified?
In these circumstances, your claim can be lodged with the Nominal Defendant, which is a statutory body. Your claim will then be allocated to an insurer, which will be responsible for the claim.
If you have been unable to identify the registration details of the vehicle at fault, you may be required to prove that you have taken reasonable steps to identify it.
Can I sue the driver personally?
The NSW Motor Accident Compensation Scheme has been designed to avoid the need to lodge a claim or commence legal action against the individual who was responsible for your injury.
An “at fault” driver would not necessarily have the financial capacity to fund an injured person's benefits or damages, therefore the scheme is beneficial to both the injured person and the “at fault” driver, as an insurer is responsible for the claim.
Do I need a solicitor?
Marsdens will liaise with the insurer on your behalf and ensure that all appropriate investigations and preparations are completed in order to maximise your compensation entitlements. Marsdens have the legal knowledge to deal with your matter and have a team of accredited specialists in personal injury who deal with matters of this nature every day. Our experience and expertise will ensure that your matter is conducted efficiently and effectively, to maximise your entitlements, with a minimum of stress to you.
How can I help my solicitor?
If you instruct Marsdens to represent you in your claim, you can assist us by keeping a diary of your injuries, symptoms and related effects. It is also important that you attend to any tasks requested of you and keep us advised about any significant changes in your situation (e.g. new employment or change of address).
If I already have a solicitor, can I instruct Marsdens?
If you are unhappy with your current solicitors, we would be happy to discuss the possibility of taking over the conduct of your claim.
What if my accident occurred prior to 1 December 2017?
If your accident occurred prior to 1 December 2017, your entitlement to compensation will be governed by the Motor Accident Compensation Act 1999 (NSW).
You may be entitled to compensation for treatment expenses, loss of income, domestic assistance and/or pain and suffering.
The time limits which apply to lodging a claim differ from those which apply under the current scheme. The claims process is also different in many ways.
We recommend that you contact one of our experienced solicitors without delay, to obtain legal advice which is specific to your circumstances.
What do I need to do if a family member has died in an accident?
If a family member has died as a result of a motor vehicle accident, you or other family members may be able to claim compensation.
It is possible to recover the reasonable funeral expenses of any person who has died as a result of a motor vehicle accident.
There may be additional claims that can be made by you and/or your family members. We recommend that you seek legal advice regarding your circumstances.
There are time limits which apply to any of these types of claims. We recommend that you contact one of our experienced solicitors without delay, to obtain advice which is specific to your circumstances.